Allahabad High Court
PRASANT SAROJ AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition cannot be used to challenge a charge sheet once filed; such challenges must be raised in the appropriate criminal proceeding.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR and charge sheet filed in Crime No. 329 of 2025, which alleged offences under Sections 115(2), 352 and 351(2) of the IPC. No petitioner appeared before the court, while the State was represented by an Additional Government Advocate. The court observed that the charge sheet had already been filed by the police after completing its investigation and that any challenge to the charge sheet must be made in the appropriate criminal proceeding, not through a writ petition. Consequently, the court declined to entertain the petition and dismissed it with liberty to the petitioners to raise their objections in the proper forum. The petition was dismissed and consigned to the records.
Issues considered
- Can a writ petition be entertained to quash an FIR or charge sheet after the charge sheet has been filed?
- Is the High Court competent to entertain a criminal writ petition in the absence of the petitioners?
- Should challenges to a charge sheet be raised in the criminal trial rather than through a writ petition?
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- High Court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21089 of 2025
Prasant Saroj And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kamalendra Kumar Maurya
Counsel for Respondent(s) : G.A.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
List is being revised.
This writ petition questions the first information report in connection with Case
Crime No. 329 of 2025, under Sections 115(2), 352, 351(2) BNS, Charge
Sheet No. A-283, P.S. Aurai, District Bhadohi, however, nobody is present on
behalf of the petitioners to press the writ petition, however, Sri Anand Vikram
Singh, learned Additional Government Advocate for the State is present.
Office has submitted following report:
"It is most humbly submitted that as per report submitted by the Legal Cell,
O/o Director General of Police, Uttar Pradesh, chargesheet has been filed.
Therefore, in view of above, the case is put up for order before Hon'ble Court."
In view of the fact that charge sheet in the case has already been submitted
by the police after collecting evidence at its level finding petitioners'
involvement in the offence complained of, in our considered view it would be
appropriate that the charge sheet so filed is questioned in an appropriate
proceeding at appropriate forum.
Accordingly, we decline to grant any further indulgence in the matter.
Petition is accordingly dismissed, consigned to records with aforesaid liberty.
April 23, 2026
v.k. updh.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
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